Juvenile Sentencing Guidelines
Juvenile sentencing guidelines are designed to establish a process through which juvenile offenders have the opportunity to access a variety of resources to allow for rehabilitation and integration into the community as a law abiding citizens.
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History
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Up until the mid-point of the 20th century, the sentences imposed on juveniles in the court system were similar to those involving adults convicted of crimes. Sentences imposed on juveniles emphasized punishment over rehabilitation during this time period. Ultimately, the emphasis in juvenile sentencing shifted from punishment to rehabilitation, a trend that continues to this day.
Rehabilitation
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In the juvenile justice system in the U.S., young people before the court are not considered defendants in most jurisdictions. Rather, they are juvenile offenders. Moreover, if found to have violated the law, a juvenile is not deemed guilty but is adjudicated as a juvenile offender.
While juvenile sentencing guidelines and processes include a punitive aspect, the main focus is on developing a program or plan of action that will rehabilitate the juvenile offender. The primary objective is to educate and train the juvenile to become a law abiding and productive citizen when the term of his sentence concludes.
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Punishment
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Punishment is an element of juvenile sentencing guidelines. However, any penal component of a sentence is mandated with an eye to how punishment will further rehabilitation. Unlike the adult criminal system in which punishment for criminal activity is a primary consideration separate and apart from other sentencing objectives, in the juvenile system any punishment is to be tailored not only to reprimand but to advance the cause of rehabilitation of the juvenile offender.
Least Restrictive Alternative
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Another aspect of juvenile sentencing guidelines is the general requirement to utilize the least restrictive alternative in regard to sentencing. In other words, if at all possible, a sentence that allows a juvenile offender to stay in the community, preferably with her family, is the favored alternative. Confinement, the most restrictive alternative, is appropriate in those instances in which not other placement reasonably is appropriate.
Expert Insight
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The ideal system of juvenile sentencing takes advantage of a full array of resources. A typical juvenile offender not only engages in overtly illegal conduct but likely is laboring under an addiction or mental health issue as well. Therefore, the most effective sentences imposed upon a juvenile incorporate access to services designed to address addiction and mental health problems.
Additionally, a juvenile offender commonly is lacking in an appropriate education. Including appropriate educational options is also an important component of a rehabilitative sentence under the juvenile guidelines.
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References
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